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(영문) 인천지방법원 2016.12.16 2016고정3018
식품위생법위반등
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to operate general restaurants in violation of the Food Sanitation Act shall report to the head of the competent Gu;

Nevertheless, the Defendant did not report to the head of the competent Gu on June 19, 2009, from around April 4, 2016 to around 66 square meters in the name of “C” in Jung-gu Incheon Metropolitan City from around June 19, 2009 to around April 4, 2016, and operated general restaurants by cooking and selling food, such as gas facilities, cooling house, 2, drinking cooling house, 2, water tank, 2, and 6, etc., to customers who have found the place.

2. Any person who intends to bring in water from public waters or discharge water to public waters shall obtain permission to occupy or use public waters from the management agency of public waters;

Nevertheless, from June 19, 2009 to April 4, 2016, the Defendant operated a “C” restaurant in Jung-gu Incheon Metropolitan City B, and produced approximately 6.3 tons of water by using pumps installed in front of the said restaurant without obtaining permission from the management agency of public waters to occupy or use the public waters.

Summary of Evidence

1. Defendant's legal statement;

1. Sending data on conditional reports of business within jurisdiction;

1. Application of statutes on site photographs;

1. Article 97 Subparag. 1, Article 37(4) of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016); Article 62 Subparag. 2, and Article 8(1)5 of the Public Waters Management and Reclamation Act (authorized occupation and use of public waters) that stipulate the applicable law on criminal facts; the choice of fines for each type of fine.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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